HC notice to Delhi Govt. on mushrooming unrecognized private schools

Delhi High Court on 04.01.2006 asked Delhi Government and Municipal Corporation of Delhi to file reply by 29.03.2006 to the PIL filed by Social Jurist through Advocate Ashok Agarwal highlighting the failure on the part of the government to check the mushrooming growth of thousands of unsafe, unauthorized, illegal, sub-standard, ill equipped unrecognized private schools in Delhi adversely affecting the fundamental and human rights of development, safety and education etc. of about 6 lakh children as guaranteed to them under the Constitution of India, UN Convention on the Rights of the Child and Delhi School Education Act, 1973. Mr. Ashok Agarwal argued before the Bench consisting of Mr. Justice Vijender Jain and Ms. Justice Rekha Sharma that all these schools are School within the meaning of Section 2(u) of the Delhi School Education Act, 1973 and it is the duty of the government to regulate them in accordance with the provisions of the Act, but the government has left all these schools to exploit the children and the hapless parents. It was also argued that many of these schools claim that they are recognized schools but they are not and in this manner, they are cheating the innocent parents. These schools are nothing but ill equipped teaching shops and needs to be checked and regulated by the government in the interest of children and parents, argued Mr. Agarwal.

Copy of the PIL is attached and pasted.

Ashok Agarwal, Advocate

05.01.2006

M-9811101923

IN HIGH COURT OF DELHI AT NEW DELHI

W.P. (C) NO. 43 OF 2006

(PUBLIC INTEREST LITIGATION)

IN THE MATTER OF: Public Interest Litigation

AND

IN THE MATTER OF: Writ Petition under Article 226 of the Constitution of India

AND

IN THE MATTER OF: Mushrooming growth of unsafe, unauthorized, illegal, sub-standard unrecognized private schools in Delhi and failure on part of the Government of Delhi and Municipal Corporation of Delhi to regulate the opening and functioning thereof

AND

IN THE MATTEROF: Violation of fundamental right to safety, care, protection, development and education of lakhs of children as guaranteed to them under Articles 21 and 21-A of the Constitution of India read with the provisions of Delhi School Education Act, 1973 and UN Convention on the Rights of the Child (1989)

AND

IN THE MATTER OF: (i) Constitution of India

(ii) Delhi School Education Act, 1973

(iii) UN Convention on the Rights of the Child (1989)

AND

IN THE MATTER OF:

Social Jurist, A Civil Rights Group

Through its Secretary Advocate Ritu Jain,

478-479, Lawyers Chambers, Western Wing,

Tis Hazari Courts, Delhi-110054 …PETITIONER

VERSUS

1. Government of National Capital Territory of Delhi

Through its Chief Secretary,

Secretariat, I.P.Estate,

New Delhi-110002

2. Municipal Corporation of Delhi

Through its Commissioner,

Town Hall, Chandni Chowk,

Delhi-110006 …RESPONDENTS

To,

The Honble Chief Justice of High Court of Delhi at New Delhi and its companion Justices of the said High Court

The humble petition of the petitioner above name

MOST RESPECTFULLY SHOWETH

1. The Social Jurist, the petitioner herein, is a civil rights group consisting of lawyers and social activists dedicated to the causes of weaker sections of society. It has been actively taking up the causes particularly relating to the violations of childs rights through PILs etc.

2. The petitioner by present public interest litigation has highlighted the mushrooming growth of thousands of unsafe, unauthorized, illegal, sub-standard unrecognized private schools in Delhi adversely affecting the fundamental and human rights of development, safety and education etc. of about 6 lakhs children as guaranteed to them under the Constitution of India read with the provisions of Delhi School Education Act, 1973 and the UN Convention on the Rights of the Child (1989) due to failure on the part of Government of Delhi and Municipal Corporation of Delhi to regulate opening and functioning of such schools. The recent incident of 12 December 2005 is an eye opener in which more than 100 school children in the age group 5-8 years had a miraculous escape following an explosion and fire at a spray-painting unit that functions from the same building as the school in South Delhis Madanpur Khadar village. Two factory workers were killed in the blast, which comes just six days after 12 people died in a blaze at an illegal industrial unit in Vishwas Nagar, East Delhi. Not only is the unit-where the blast occurred-illegal, even the City Bells Public School is not recognized by the Director of Education. The school is located on the ground floor and basement of the three-storeyed building and the factory unit is on the first floor. It is submitted that since the main gate of the school was closed and its key could not be found, the children were rushed to safety by teachers and residents through a side gate. The children from a Neighbourhood school also had to be rescued. The City Bells School, which runs classes till standard 3, withdrew a board mentioning it was recognized by the Director of Education when officers from the government agencies reached the spot. Another school, which runs from an adjacent house, is not recognized either. The above incident was reported in all the leading newspaper of Delhi. The press reports published in Indian Express, Hindustan Times and Hindu dated 14 December 2005 are enclosed hereto as Annexure A collectively.

3. The petitioner submits that there are about 10,000 schools in different parts of Delhi which are unregistered and unrecognized schools run by private individuals/institutions/NGOs etc. in which about 6,00,000 children between the age group 2 to 18 years are studying in classes LKG to XII. They are unrecognised and unregistered schools and are being run without the permission of Government of Delhi/Municipal Corporation of Delhi. It is submitted that most of these schools conduct classes of pre-primary and primary sections and some of these schools conduct classes from nursery up to Class XII. Many of these schools hold examinations of their students and also issue certificates to the students.

4. The petitioner submits that many societies are running their schools which are neither recognised nor registered. As per news-report appeared in “Dainik Jagran” dated 25.01.1998, D. A.V. Schools Society had been running a number of unrecognised schools at various places including schools at Sant Nagar, Burari and Mukherjee Nagar up to Class-XII. As per another news-report appeared in “Tribune” dated 10.11.2001, in the Burari area in North West Delhi alone, there are about a dozen such schools which admit students to senior classes though they are not authorized to do so. It was also revealed that the Principal of Mount Orivel School in Burari revealed that even though the school was not authorised to hold senior secondary classes, it admitted students and later sent them to “Sandhya Sr. Secondary School”, just 5 Km. away to take the examination. It was also revealed that many of these schools do not possess the basic infrastructure. Some of them even do not have, electricity and water supply.

5. The petitioner submits that there are large numbers of so-called play way schools in Delhi, which allow children from age 2 years onwards to get admission in their school. It is submitted that they are all unregistered and unrecognized schools. They attract children by making false statements in their advertisements. Exorbitant tuition fee and other charges are charged. The admission fee ranges between Rs.2, 000/- to Rs.8, 000/- p.m. apart from charging annual fee, security amount, tuition fee, etc.

6. The petitioner submits that there are large numbers of unregistered and unrecognized school, which are run by individuals. Many of these schools are run up to class V, some of them up to Class VIII and some of them even up to Class XII. These schools are having understanding with certain government schools, government aided schools and recognized private schools for the purpose of public examination of their students in Classes X & XII. It is nothing but a big racket to exploit hapless parents in the name of so-called quality education by the private schools.

7. The petitioner submits that there are large numbers of NGOs who run such unregistered and unrecognized schools in various parts of Delhi and particularly in slums, resettlements and unauthorized colonies. It is submitted that many of these NGOs receive foreign funding for running these schools on head count basis. It is submitted that these NGOs in order to run their own schools adopt unjust methods to bring children in their schools. They not only discourage children to enroll them in full time regular government schools but also prevent them from attending full time regular schools by adopting dubious methods. It is unfortunate that the Governments directly or indirectly are parties to this unhealthy and mal-practice of preventing children from attending regular formal school. These NGOs in order to attract children to their so called schools mislead the innocent public by making false propaganda that due to poverty children have to work and need not to go to attend full time formal school and the schools run by them can provide adequate education to such children if they attend their schools for an hour or two a day. It is interesting to note that some of these NGOs even charge tuition fee between rupees 15/- to 25/- p.m. from each children attending their so-called school.

8. The petitioner submits that these mushrooming schools are mostly ill equipped and run from unsafe buildings. It is submitted that these schools do not have adequate space for children, teachers employed are unqualified and very low paid, no play ground, no library, etc. These are the schools, which are run from very few small rooms with no basic academic and physical infrastructure. Many of these schools do not observe the normal working days and normal working hours as are observed in Government or recognized schools. They are popularly known as Sub-Standard Teaching Shops and many of these schools do not only hold examinations but also issue certificate of examination of different classes. It is submitted that the innocent parents usually become victims of these schools as they send their children to these schools under the impression that these are recognized schools. It is submitted that the children passing out from these schools when approach government or recognized schools for admission to the next class, the admission are denied on the ground that they do not possess certificate from recognized or government schools. At that point of time, the parents realize that these mushrooming unrecognised schools have cheated them. It is also submitted that these schools do not at all indicate in their advertisement and school name boards etc. that they are Unrecognized Schools. Most of these schools charge fees and other charges at exorbitant rates from the parents. These schools even charge admission fee, security money, development fee, building fund apart from tuition fee and other charges etc. It is submitted that these schools are virtually indulging in cheating and exploiting lacks of parents/children of this capital city of India both materially and spiritually. It is submitted that the existence and continuation of these unauthorized and illegal schools in Delhi are against the public interest and opposed to public policy.

9. The petitioner submits that the lives of most of the children in these unregistered and unrecognized schools are unsafe. The incident of 12.12.2005 in which more than 100 school children had a miraculous escape following an explosion and fire at a spray painting unit that functions from the same building as the unrecognized school in South Delhis Madanpur Khaddar village is pointer towards it. It is submitted that on the heels of 16.07.2004 fire tragedy that claimed 90 lives at an unrecognized school in Kumbakonam, the Salen District administration on the next of incident swung into action and ordered the closure of all private unrecognized schools. Not only this, a complaint cell was also opened in the Collectorate for people to register their complaints against the errant schools. It is also submitted that the Government of J & K on 16.12.2005 ordered closure of unrecognized private schools in Valley on the ground that they are functioning without prior permission/recognition from competent authority as required under the rules. It is submitted that all children who are out of full time formal recognized school are child labour and therefore, these unregistered and unrecognized schools are only encouraging and perpetuating the child labour. It is submitted that Article 21-A of the Constitution of India which guarantee every childfree and compulsory quality elementary education could not be realized without completely prohibiting child labour in all its forms. It is submitted that these mushrooming unrecognized schools are one of the forms of child labour and therefore, it is constitutional and violative of Article 21-A of the Constitution.

10. The petitioner submits that Government of Delhi who are responsible for regulating school education in Delhi are abdicating their responsibility by permitting these unauthorized and illegal private schools not only to exist and persist but also to flourish at the cost of lives and properties of innocent parents/students. The fact is that though the authorities are fully aware of the existence and growth of these mushrooming unauthorized and illegal schools in Delhi but because of their complicity with these schools managements, no steps or action has ever been taken by the authorities against these schools.

11. The petitioner submits that Delhi School Education Act, 1973 is an Act to provide for better organization and development of school education in the Union Territory of Delhi and for matter connected there with or incidental thereto. It is submitted that every school, which impart education or training below the degree level, is a school within the meaning of Section 2 (u) of Delhi School Education Act, 1973. It is submitted that Section 3 of the Act empowers the Government of Delhi to regulate education in all the schools in Delhi in accordance with the provisions of the Act and the rules made under. It is respectfully submitted that no body is entitled to open a school in Delhi without the permission of the Government of Delhi. Section 4 deals with recognition of the schools and several conditions have been laid down therein for grant of recognition to a school. Rule 44 of Delhi Education Rules deals with opening of new schools and in terms thereof the Government of Delhi before giving permission to run a school would take into consideration several facts including public interest. Rule 50 of the Rules deals with conditions of recognitions and Rule 51 of the Rules deals with the facilities to be provided by a school seeking recognition.

12. The petitioner submits that the Government of Delhi as back as on 04.04.1992 constituted a High Power Committee under the Chairmanship of Shri P.K.Chandla to suggest amongst others the specific amendments/draft legislation which would see that there is proper implementation of desired societal goals in general and government policies in particular and to take care of the changed circumstances with a view to improving the quality of education particularly of the weaker sections of society.

13. The petitioner submits that the said High Power Committee on Education Legislation in its Report noted “some important provisions like registration of schools are entirely missing from the present Act with the result that no one knows how many unrecognized schools are functioning in Delhi. In the absence of any regulation for such schools, several of them are allegedly exploiting the children and their parents and providing sub-standard education in congested and crowded premises without adequate facilities of good drinking water and fresh air. The said committee have further noted Nursery Education – there is broad agreement among different people associated with education that to check proliferation of teaching shops, it is essential to bring nursery education under the purview of the Act. The system of registration should be introduced so that only those schools get registered which fulfill the norms prescribed by the department. Registration should be renewed periodically and the schools failing to maintain standards should be deregistered.

14. The petitioner submits that majority of pre-schools are run by unskilled professionals and the fact that there is no Government Agency for monitoring these schools makes this sector a heaven for all those who see schools as nothing more than a business opportunity. If sending children to school was not bad enough, some pre-schools make a reverse by forcing children to learn, to read, to write and to count. While finding pre-school a necessary evil educationist Krishna Kumar says he wishes there was a certain amount of state regulation to discipline these institutions. There is no one monitoring what they teach, whether they are qualified to teach and worst is how they handle the young impressionable minds. It is submitted that Government of Delhi by order dated 23.03.1999 directed no students shall be admitted in pre-primary classes by what so ever name it may be called unless he has attained the age of 4 years as on 30^th September of the academic year in which admission is sought. It is unfortunate that the schools have been violating these directions with impunity and the Government has never taken any action against any of the schools.

15. The petitioner submits that the Government of India, Ministry of Human Resource Development by order dated 01.03.1992 decided to setup a National Advisory Committee under the Chairmanship of Prof. Yash Pal to suggest the ways to reduce the academic burden of school students. The said Committee in its report dated 15^th July 1993 amongst others recommended:

5. (a) Appropriate legislative and administrative measures be adopted to regulate the opening and functioning of early childhood education institutions (pre-schools). Norms regarding accommodation, staff apparatuses, play materials be laid down for the recognition of these schools. It should be ensured that these institutions do not perpetrate violence on young children by inflicting a heavy dose of over-education in the form of formal teaching of Reading, Writing and Numbers. The practice of holding tests and interviews for admission to nursery class be abolished.

(b) Norms for granting recognition to private schools be made more stringent. This will prove conducive for improving the quality of learning on the one hand and arrest growing commercialization on the other. The norms, thus developed, be made uniformly applicable to all schools including the state-run institutions.

16. The petitioner submits that the Government of India by another order dated 25.08.1993 constituted a Group to examined the recommendations made in the report of the National Advisory Committee set up on 1.3.92 to suggest ways to reduce academic burden on school students. It is submitted that the said Group in their report agreed to the aforementioned recommendations of the NAC. However, the Government till date has not taken any step to implement the aforesaid recommendations of NAC.

17. The petitioner submits that the rights to safety, development and quality education are the fundamental and human rights of the children flowing from Articles 21 and 21-A of the Constitution of India read with the provisions of Delhi School Education Act, 1973 and UN Convention on the Rights of the Child (1989). It is submitted that the mushrooming growth of unsafe, unhealthy, unauthorized, illegal, substandard unrecognized private schools is in negation of the aforesaid fundamental and human rights of the children and needs to be checked by the government. It is submitted that the government is not only has powers under the law but also has duty to ensure that the children are not subjected to any undesirable practice or conditions.

18. The petitioner has not filed any similar petition either in Honble Supreme Court or in any Honble High Court in India.

19. The petitioner has no other efficacious alternative remedy except to approach this Honble Court for relief.

20. In the premise aforesaid, the petitioner most humble prays that this Honble Court may be pleased to: –

(a) issue any appropriate writ, order or direction directing the respondents to forthwith identify all the mushrooming unsafe, unauthorized, illegal unrecognized private schools in Delhi;

(b) issue any appropriate writ, order or direction directing the respondents to forthwith take appropriate action including closure of the school against all the unregistered/unrecognized schools which are run from unsafe school buildings and/or do not conform to the minimum requirements of a school as per the provisions of Delhi School Education Act,1973 and ensure that no school is run without the prior permission of the competent authority;

(c) issue any appropriate writ, order or direction directing the respondents to forthwith frame Rules under Section 28 of the Delhi Education Act,1973 and/or issue instructions under Rule 43 of Delhi School Education Rules,1973 to regulate the opening and the functioning of all the unregistered/unrecognized schools in Delhi;

(d) pass any such further order or direction as this Honble Court may in the facts and circumstances deem fit and proper in favour of the petitioner and against the respondents; and

(e) allow the present petition with costs.

New Delhi (Ashok Agarwal)

Dated: 19.12.2005 Advocate for the Petitioner